Can I file a wrongful death claim if my loved one was partially at fault?

Can I file a wrongful death claim if my loved one was partially at fault?

Yes, in most cases. Georgia follows a modified comparative fault rule under O.C.G.A. § 51-11-7. As long as the deceased was less than 50% at fault, the family can still recover — though the recovery will be reduced proportionally. For example, if the deceased was 20% at fault and the total damages are $1 million, the recovery would be $800,000. If the deceased was 50% or more at fault, the claim is barred.